MacFarland J.A.

The appellant appealed a trial decision that rejected his undocumented claim to a half-interest in a residential property.

The trial judge had found the appellant's evidence incredible and accepted the respondent's evidence that a $130,000 payment was a gift.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings and credibility assessments.

The court also upheld the trial judge's decisions regarding a breach of trust claim, an order for the appellant to pay $3,000 for property damage, and a no-costs award at trial.

The cross-appeal was abandoned and dismissed.

The franchisor appealed a motion judge's decision finding it breached the duty of fair dealing under s. 3 of the Arthur Wishart Act by failing to disclose that it did not receive significant volume rebates.

The motion judge had read language into a certified common issue without notice to the parties.

The Court of Appeal allowed the appeal, finding the motion judge erred by effectively amending the common issue and by concluding that the alleged non-disclosure constituted a breach of the duty of fair dealing in the performance of the franchise agreement.

The plaintiff's cross-appeal regarding the dismissal of its motion to add a new common issue was dismissed.

The appellants appealed an order enforcing compliance with condominium rules under s. 134(1) of the Condominium Act, 1998.

The appellant tenant argued she was subjected to oppressive conduct by the condominium corporations.

The motion judge granted the compliance order, noting that no cross-application for an oppression remedy had been brought and that alleged oppressive conduct did not excuse breaching the rules.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's exercise of discretion to grant the compliance order.